The legal capacity

The legal capacity CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding contracts, and to sue and be sued in its own name. In order to be bound by a contract, a person must have the legal ability to form a contract in the first place. This legal ability is called capacity to contract. Both parties in a contract must have the necessary mental capacity to understand what they are doing. Under common law anyone has the right to enter into a contract, except for minors, people with mental disability and also people who are under the influence of drugs or alcohol. For a person to avoid a contract on the ground of their incapacity, they must also show that they lacked capacity to enter into a contract and that the other party knew or ought to have known their incapacity. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void. In other situations, a person may not completely lack the capacity to contract. The contract would then be voidable at the option of the party claiming incapacity, if he or she is able to prove the incapacity. INFANCY The term infant differ from the term minor. In most cases, legal contracts are voidable if one of the contracting party is a minor. The law states that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for useful contracts of service, that is they would have to pay for the necessary goods and services that they consume. However, it is stated in the British Columbia Infants Act (RSBC 1996 c.223) that all contracts cannot be implemented against an infant, regardless of whether it includes necessities and beneficial contracts of service. If there is a contract between an adult and an infant, adults are bound but infants can break away from the contract at their option, which means that the contract is voidable. The infants may endorse a contract once they have reached a maturity age. In the case of executed contract, the infant cannot avoid debt if they have obtained advantages under the contract, except if what they obtained has no value. Any one of the party can apply to the court upon the termination of contract. MINORS A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or by his or her guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If, however, he or she does not cancel the contract within a reasonable period of time, the contract will be considered ratified, making it binding and enforceable. If you intend to enter into a contract with a person who is under the age of 18 years it is essential that you give that person the opportunity to consult with a suitable adult about their rights and responsibilities before concluding the deal. This will make it less likely for a dispute to arise about their capacity.A young person is generally bound to a contract for necessaries which includes food, medicine and clothing. Contracts for necessaries can also include contracts for education or employment. However, some other contract s will not be binding on a young person, including contracts for goods or services which are not necessaries and credit contracts. Based on the case study, John has the age capacity to enter into a contract as he is an adult. He was walking alone around SOGO Shopping Complex to do some window shopping. His age has got to be above 18 years old. This is because he is working, and this is illustrated in the sentence as I was very busy with my work, I only managed to go to the shop a week later. Case example: Nash v. Inman [1908] 2 KB 1 The defendant, a minor, purchased a number of waistcoats from the plaintiff. The issue was whether they were necessaries. The court held that the waistcoats were not necessaries as the minor had an adequate supply at the time of sale. It was held that two conditions had to be met before goods or services would be regarded as necessaries. First, the goods or services had to be suitable to the condition in life of the minor (e.g. a minor accustomed to living a life of luxury will have a different condition in life from a minor living in impoverished circumstances). Whether this was the case would depend on the type of lifestyle the minor in question was accustomed to leading. Second, the goods or services had to be suitable to the minors actual requirements at the time of supply. If the minor had an adequate supply of the relevant goods from another source, this requirement would not be satisfied. MENTAL DISABILITY In 1954 the High Court dealt with the issue of a persons soundness of mind when involved in contractual dealings. The court held that it requires, in relation to each particular matter or piece of business transacted, that each party shall have such soundness of mind as to be capable of understanding the general nature of what he is doing by his participation (Gibbons v. Wright (1954) 91 CLR 423).It follows that if a person is so drunk, mentally ill or senile that they have no idea that they are involving themselves in a contract, they will lack the necessary contractual capacity. If however, their mind is affected by their problem, but they are nevertheless aware that they are involving themselves in a contract, the capacity to contract will probably exist unless the other party deliberately takes advantage of their weakness. (This is linked to the way in which the common law and equity deal with unconscionable conduct where a person takes advantage of a person with a disability). Contracts with intellectually impaired persons is void. Similarly, contracts with involuntary mental patients is void. Some types of mental disability may be sufficient to allow a person to repudiate a contract in certain circumstances. Generally, the law is concerned with the lack of capacity arising from mental disability. For example, people who have schizophrenia may have delusions, but if they can manage their own daily and business affairs and look after their personal finances, they may have the capacity to enter into contracts. The mentally disabled persons that the law protects are those who are unable to manage their own affairs or are unable to appreciate the nature and consequences of their actions. Provincial legislation provides that a person can be declared to be unable to manage his or her affairs. If there has been such a judicial finding, contracts made after the judicial finding are void on the grounds that there is a lack of capacity to consent to the provisions of a contract. Contracts made prior to the finding may be voidable. However, if a person lacks capacity because he or she is unable to handle his or her affairs, but there has been no judicial finding, the contracts made are voidable at the option of the person who is mentally disabled. If the contracts are not repudiated, they are presumed to be enforceable. Case example: York Glass Co. Ltd v. Jubb [1925] All ER Rep 285 Jubb contracted to purchase the plaintiffs company business. On the date of contracting, he was technically insane and shortly thereafter was placed in a lunatic asylum. The receiver of his estate, who was appointed under a lunacy statute, repudiated the contract. The plaintiff company sued for damages, alleging the repudiation was wrongful. The court held that a contract entered by someone of unsound mind is valid unless the impaired person can show that the other party was aware, at the time of contracting, that the impaired person was so insane that he was incapable of understanding what he was doing. In this case, there was no evidence to show that the plaintiff company knew or suspected that Jubb had been insane at the point of contracting. The contract was valid and Jubbs estate had to pay damages for not performing the contract. UNDER THE INFLUENCE OF DRUGS OR ALCOHOL If a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the intoxication and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. Intoxication alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, u pon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, even where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a position that an unconscionable agreement permits the court to presume that the sober party had knowledge of the intoxication of the other party once there is evidence of intoxication. Based on the case study, when John bargained for the 6 seater dining set, he was not under the influence of alcohol or drugs. He was well aware of the bargain and he realised that he has entered into an agreement with Comfortable Furniture Sdn Bhd. Case example: Matthews v. Baxter (1873) LR 8 Exch 132 Baxter, while drunk, agreed at an auction to purchase a property. Once sobriety returned he decided that he wished to affirm the contract that had been made by him while drunk. Sometime later he had a change of mind and he sought to rescind the contract, arguing that he lacked capacity to enter the contract by reason of intoxication. The court held that because Baxter had confirmed the contract it was no longer open to him to avoid the contract on the grounds of intoxication. This was despite the fact that he had made out the necessary element of this defence. BANKRUPTCY Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. These individuals would not be able to pay their debts and lose their status as creditworthy. Most states differ on the means whereby their outstanding liabilities can be treated as discharged and on the precise extent of the limits that are placed on their capacities during this time. However, they are returned to full capacity after discharge. In the United States, some states have spendthrift laws where an irresponsible spender is claimed to lack the capacity to enter into contracts. Based on the case study, Comfortable Furniture Sdn Bhd has the business capacity to operate its business. This is because the company is not facing bankruptcy. Therefore, the company has the capacity to enter into a contract or agreement with John. SIGNIFICANCE WHY CONTRACTING PARTIES REQUIRE LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACT Not everyone is legally entitled to enter into contracts. Some persons, by their status, are presumed not to have the ability to enter into contracts or have limited rights to contract. Prevention of fraud provides for formality requirements and the protection of persons who lack full capacity to enter into contracts. If there is no capacity, the incapacity party would become vulnerable and weak. If one party lacks the intellectual capacity to protect himself or herself, then the other party may act dishonestly during the bargaining process or takes advantage of a position of trust, or if the other party has expert knowledge of the subject matter of the contract that the weaker party cannot have and takes unfair advantage of that knowledge. Besides that, without capacity, the contract would be void. A contract is void when it involves minors. This type of contract will have no effect as it is not recognised by the court and parliament. Therefore, if there is no capacity, the contract would not be enforceable. The purpose here is to protect the weaker party from the stronger and more able party. This class of persons who lack or have limited capacity to contract include minor and persons under mental disability. The general rule is that minors may not enter into contracts. The reason for this rule is that minors are presumed to be naive, inexperienced, and easily taken advantage of. So, some protection is required to avoid them from being cheated. The law also interferes in circumstances where someone who is intoxicated enters into an agreement. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. The contract may not be legal if there is no capacity. If there is no capacity, people with mental disability, minors, and also those who are under the influence of alcohol or drugs would be allowed to enter into contracts. The people who have mental disability and under the influence of drugs or alcohol do not have the mental capacity to enter into contracts. They are unable to think well and they are not able to make a wise decision. So, if there is no capacity, the contract will lose its validity. Case example: Mercantile Union Guarantee Corporation v Ball (1937) An infant haulage contractor who took a lorry on hire-purchase was held not liable for arrears of installments. Case example: Cowern v Nield (1912) It was held that a minor who was a hay and straw merchant was not liable to repay the price of the goods which he failed to deliver. Case example: Doyle v White City Stadium (1935) An infant boxer was held bound by a clause in his contract which provided for forfeiture of his prize money (as happened) he was disqualified. The contract as a whole was similar to apprenticeship. Case example: Valentini v Canali (1889) A minor leased a house and agreed to buy some furniture, paying part of the price. After several months the minor left, and avoided the contract as he was entitled to do. He could not recover the payments which he made for the furniture, however, because he had received some benefit from the contract. Case example: Leslie Ltd v Sheill A minor who lied about his age to obtain a loan could only be forced to return the cash he borrowed.Sheill failed to repay two cash loans he had obtained by falsely claiming to be an adult. The contract was not enforceable (not for necessaries) so the lender asked for restitution of the money on other grounds, including that Sheill had committed the tort of deceit (fraudulent misrepresentation). The English Court of the Kings Bench held that Sheill could not be sued for deceit because that would make a minor indirectly liable for an unenforceable contract. The court could only order restitution if the lender could prove Sheill still possessed the actual notes and coins he had borrowed. Case example: Roberts v Gray (1919) Roberts agreed to take Gray, a minor, on a billiard tour to instruct him in the profession of billiard player. Gray repudiated the contract. The court held that Roberts could recover damages despite the fact that the contract was executory. Case example: Scarborough v Sturzaker A bicycle was a necessary because the minor had only one and used it to travel to work. Sturzaker, a minor, cycled 19 kilometres to work each day. He traded in his old bicycle to Scarborough and made a part payment on a new one. Sturzaker repudiated the contract and refused topay the outstanding amount. The Tasmanian Court held that the bike was a necessary. Therefore, the contract was enforceable and Sturzaker had to pay the money owing. Case example: Hart v OConnor The Privy Council said in Hart v. OConnor(1985) that an insane person who appears sane can rely on the independent and separate ground of unconscionability which relieves abnormal mental weaknesses even short of incapacity. Undue influence may also apply. Case example: Peters v Fleming (1840) Held an expensive gold watch chain was a necessary for a rich young man. Point of law being that it depends on the status of the minor as to whether a luxurious item is deemed a necessary. Case example: Chaplin v Leslie Frewin (1966) Contract was made to write the autobiography of Charlie Chaplin held as binding as it allowed a minor to start to earn a living as an author.However if on the whole a contract is unreasonable, oppressive and not beneficial then it will not be binding. Case example: De Francesco v Barnum (1890) A girl of fourteen was apprenticed to D for seven years in order to learn to dance. D was not obliged to maintain her, nor did he have to pay her unless he found engagements for her. Even when engagements were found, the rate of pay was very low. She could not obtain engagements for herself, nor was she allowed to marry, during the seven years. It was held that the contract was not binding upon the girl, as it was unreasonable, oppressive and not beneficial to her. Point of law is as above. Case example: Gore v Gibson Advanced the view that a contract for necessaries supplied to a drunk could not be maintained if upon sobriety the contract was repudiated. Case example: Hawkins v Bone The action for breach of contract was brought by the vendor of land which was knocked down to the defendant at an action. The defendant purchaser pleaded in defence of his drunkenness but did not allege that the vendor or auctioneer knew of this condition. Pollock C.B., in directing the jury said the plaintiff was entitled to the verdict: unless the defendant was in the state he describes himself to have been, that is wholly incapable of any reflective or deliberate act, so that, in fact, he was utterly unconscious of the nature of the acts he did, for example, having signed the contract and paid his money. Case example: McLaughlin v Daily Telegraph Ltd Holds that a power of attorney executed by a person while insane is void even in respect of actions that take place when the grantor has recovered his sanity; the actions that take place under the guise of the power of attorney are of no effect. Likewise, it is of no consequence that third parties act on the foot of the deed. If, however, the power of attorney enables the lunatic and his dependants to benefit from obtaining a supply of necessaries, an account may be ordered in relation thereto even though the power of attorney itself is void. For the deed to be void, however, it must be shown that the signature is a mere mechanical act and the mind of the signor must not accompany the act. Case example: Cf. Imperial Loan Co. v. Stone [1892] the rule had in modern times been relaxed, and unsoundness of mind would now be a good defence to an action upon a contract, if it could be shown that the defendant was not of the capacity to contract and the plaintiff knew it. Case example: Seaver v. Phelps which was trover for a promissory note, pledged by the plaintiff while insane, to the defendant, the Court were, on behalf of the latter, requested to charge, that although the plaintiff might have been insane at the time of making the contract, yet that if the defendant were not apprised of that fact, or had no reason, from the conduct of the plaintiff or from any other source 380 was held entitled to a decree of foreclosure. It seems equally clear that he is not liable when the other to suspect it, and did not overreach or impose upon him, or practice any fraud or unfairness, the contract could not be annulled. Case example: Beals v. See. it was held that the administrator of a lunatic could not, in the absence of fraud or knowledge of his state of mind, or such conduct on the part of the lunatic from which his disease might fairly be inferred or suspected, recover back the price of merchandise sold to him, even though it was unsuited to the object for which it was purchased, and above market price.

William Shakespeare: Greatest Poet & Playwright

England's greatest poet and playwright was born in Stratford, the son of a tradesman and Alderman of Stratford, John Shakespeare in 1564. William, the eldest son, and third child of eight, was baptized on the 26th April 1564. He received his early education at Stratford Grammar School, but little is known of his life up to his eighteenth year. His Grammar School curriculum would have provided a formidable linguistic, and to some extent literary education. It is noted that he did not like grammar but did have a love for dramatics. Shakespeare attended King†s New School in Stratford which was one of the best grammar schools. Shakespeare read many books. He used some of these books as sources for his plays. One of his most prominent sources of literature was the book The Union of the Two Noble and Illustre families of Lancaster and York written by Hall. Shakespeare used this book to help inscribe his plays about many kings including three plays about Henry VI and a play written about Richard III. Also he wrote Othello on the basis of Hecatommithi and Twelfth Night on the basis of His Farewell to Military Profession. More than fifty percent of Shakespeare†s plays were influenced from various groups of topics. Other things that influenced Shakespeare†s plays were his life experiences. As a young boy dramatic events that occurred led to his writing of Hamlet. The drowning of a girl named Katherine he knew was also a source of his playwriting. History affected his writing as well. One of Shakespeare†s most heralded plays was based on the life and demise of Julius Caesar. He gathered information about Caesar, and with his literary brilliance wrote about Caesar and his story in a unique perspective. Also the life of Marc Antony was very influential in one of Shakespeare†s great plays, as well as the bible and other chronicles. Many of these influences were brought upon by his education, which taught his a lot about history and its figures. Many reasons can be given for Shakespeare's enormous appeal. His fame basically is from his great understanding of human nature. He was able to find universal human qualities and put them in a dramatic situation creating characters that are timeless. Yet he had the ability to create characters that are highly individual human beings. Their struggles in life are universal. Sometimes they are successful and sometimes their lives are full of pain, suffering, and failure. In addition to his understanding and realistic view of human nature, Shakespeare had a vast knowledge of a variety of subjects. These subjects include music, law, Bible, stage, art, politics, history, hunting, and sports. Shakespeare had a tremendous influence on culture and literature throughout the world. He contributed greatly to the development of the English language. Many words and phrases from Shakespeare's plays and poems have become part of our speech. Shakespeare's plays and poems have become a required part of education in the United States. Therefore, his ideas on subjects such as romantic love, heroism, comedy, and tragedy have helped shape the attitudes of millions of people. His description of historical figures and events has influenced our thinking more than what has been written in history books. The world has admired and respected many great writers, but only Shakespeare has generated such enormous continuing interest.

Essentials for Tree Seed Propagation

Trees use seeds as a principal means of establishing their next generation in the natural world. Seeds serve as a delivery system for the transfer of genetic material from one generation to the next. This fascinating chain of events (the formation of seed to dispersal to germination) is very complex and still poorly understood. Some trees can easily be grown from seed but, for some trees, it may be much quicker and easier to propagate them from cuttings. Seed propagation can be a tricky process for a number of tree species. A small seedling can be very tiny and delicate when first germinated and often require much more care than a cutting. Seeds collected off tree hybrids or grafted stock can be sterile or the tree may  be off-character from the parent. For example, seeds collected from a pink dogwood will most likely flower white. What Stops Seeds From Germinating There are a number of important reasons a seed refuses to germinate under artificial conditions. Two major causes for unsuccessful tree seed germination are hard seed coats and dormant seed embryos. Both conditions are species-specific and every tree species has to subject the seeds to unique conditions to assure germination. Treating the seed properly is necessary before germination occurs and a seedling can be assured. Seed scarification and stratification are the most common methods of seed treatment and they will increase the chances of seed or nut germination. Scarification and Stratification The hard protective coating on some tree seeds is natures way of protecting the seed. But hard coats on some hard seed species actually inhibit the germination of the seed, because water and air cannot penetrate the hard coating. Interestingly, many tree seeds require two dormant periods (two winters) before the protective coating breaks down enough to germinate. The seeds must lay on the ground completely dormant for one full growing season, and then germinate the following growing season. Scarification is an artificial way to prepare hard seed coats for germination. There are three methods or treatments that will usually make seed-coats permeable to water: soaking in a solution of sulfuric acid, soaking in hot water or immersing the seed for a short period in boiling water, or mechanical scarification. Many dormant tree seeds need to be after-ripened before they can germinate. This is the most common cause of seeds failing to germinate. If the seed embryo produced by a tree is dormant, it must be stored at the proper temperature and in the presence of abundant supplies of moisture and air. Stratification is the process of mixing the seed in a moist (not wet) medium like peat moss, sand or sawdust, then placed in a storage container and stored in an area where the temperature is controlled at a low enough level to ripen the seed. This storage is usually over a definite period of time at a specific temperature (around 40 degrees F). Methods of Tree Seed Treatment by Species Hickory: This tree nut is generally considered to exhibit embryo dormancy. The common treatment is to stratify the nuts in a moist medium at 33 to 50 degrees F for 30 to 150 days. If cold storage facilities are not available, stratification in a pit with a covering of about 0.5 m (1.5 feet) of compost, leaves, or soil to prevent freezing will suffice. Prior to any cold stratification, nuts should be soaked in water at room temperature for two to four days with one or two water changes each day.Black Walnut: A walnut is generally considered to exhibit embryo dormancy. The common treatment is to stratify the nuts in a moist medium at 33 to 50 degrees F for two or three months. Although the seed coat is extremely hard it usually cracks, becomes water permeable, and does not need scarification.Pecan: A pecan does not fall into dormancy like other hickories and can be planted at any time with the expectation that the embryo will germinate. Still, the  pecan nut  is often collected and cold-stored for planting the next spring.Oak: Acorns of the white oak group generally have little or no dormancy and will germinate almost immediately after falling. These species should usually be planted in the fall. Acorns of the black oak group that exhibit variable dormancy and stratification are usually recommended before spring sowing. For best results, moist acorns should be held for four to 12 weeks at temperatures of 40 to 50 degrees F and can be placed in plastic bags without a medium, if turned frequently.Persimmon: Natural germination of common persimmon usually occurs in April or May, but two- to three-year delays have been observed. The main cause of the delay is a seed covering that causes a major decrease in water absorption. Seed dormancy also needs to be broken by stratification in sand or peat for 60 to 90 days at 37 to 50 degrees F. Persimmon is hard to artificially germinate.Sycamore:  American sycamore  needs no dormancy, and pre-germination treatments ar e usually not required for prompt germination.Pine: Seeds of most pines in temperate climates are shed in the autumn and germinate promptly the next spring. Seeds of most pines germinate without treatment, but germination rates and amounts are greatly increased by pretreating the seeds. This means storing seeds using moist, cold stratification.Elm: Under natural conditions, elm seeds that ripen in the spring usually germinate in the same growing season. Seeds that ripen in the fall germinate in the following spring. Although seeds of most elm species require no planting treatment, American elm will remain dormant until the second season.Beech: Seeds from beech trees need to overcome dormancy and require cold stratification for prompt germination. The seeds may take a combination of stratification and storage. Seed moisture level is the key to successful stratification in beech seeds. Beech is difficult to artificially germinate in significant amounts.

Lycopene Chemistry and How It Protects Against Cancer

Lycopene (see chemical structure), a carotenoid in the same family as beta-carotene, is what gives tomatoes, pink grapefruit, apricots, red oranges, watermelon, rosehips, and guava their red color. Lycopene is not merely a pigment. It is a powerful antioxidant that has been shown to neutralize free radicals, especially those derived from oxygen, thereby conferring protection against prostate cancer, breast cancer, atherosclerosis, and associated coronary artery disease. It reduces LDL (low-density lipoprotein) oxidation and helps reduce cholesterol levels in the blood. In addition, preliminary research suggests lycopene may reduce the risk of macular degenerative disease, serum lipid oxidation, and cancers of the lung, bladder, cervix, and skin. The chemical properties of lycopene responsible for these protective actions are well-documented. Lycopene is a phytochemical, synthesized by plants and microorganisms but not by animals. It is an acyclic isomer of beta-carotene. This highly unsaturated hydrocarbon contains 11 conjugated and 2 unconjugated double bonds, making it longer than any other carotenoid. As a polyene, it undergoes cis-trans isomerization induced by light, thermal energy, and chemical reactions. Lycopene obtained from plants tends to exist in an all-trans configuration, the most thermodynamically stable form. Humans cannot produce lycopene and must ingest fruits, absorb the lycopene, and process it for use in the body. In human plasma, lycopene is present as an isomeric mixture, with 50% as cis isomers. Although best known as an antioxidant, both oxidative and non-oxidative mechanisms are involved in lycopenes bioprotective activity. The nutraceutical activities of carotenoids such as beta-carotene are related to their ability to form vitamin A within the body. Since lycopene lacks a beta-ionone ring structure, it cannot form vitamin A and its biological effects in humans have been attributed to mechanisms other than vitamin A. Lycopenes configuration enables it to inactivate free radicals. Because free radicals are electrochemically imbalanced molecules, they are highly aggressive, ready to react with cell components and cause permanent damage. Oxygen-derived free radicals are the most reactive species. These toxic chemicals are formed naturally as by-products during oxidative cellular metabolism. As an antioxidant, lycopene has a singlet-oxygen-quenching ability twice as high as that of beta-carotene (vitamin A relative) and ten times higher than that of alpha-tocopherol (vitamin E relative). One non-oxidative activity is regulation of gap-junction communication between cells. Lycopene participates in a host of chemical reactions hypothesized to prevent carcinogenesis and atherogenesis by protecting critical cellular biomolecules, including lipids, proteins, and DNA. Lycopene is the most predominant carotenoid in human plasma, present naturally in greater amounts than beta-carotene and other dietary carotenoids. This perhaps indicates its greater biological significance in the human defense system. Its level is affected by several biological and lifestyle factors. Because of its lipophilic nature, lycopene concentrates in low-density and very-low-density lipoprotein fractions of the serum. Lycopene is also found to concentrate in the adrenal, liver, testes, and prostate. However, unlike other carotenoids, lycopene levels in serum or tissues do not correlate well with overall intake of fruits and vegetables. Research shows that lycopene can be absorbed more efficiently by the body after it has been processed into juice, sauce, paste, or ketchup. In fresh fruit, lycopene is enclosed in the fruit tissue. Therefore, only a portion of the lycopene that is present in fresh fruit is absorbed. Processing fruit makes the lycopene more bioavailable by increasing the surface area available for digestion. More significantly, the chemical form of lycopene is altered by the temperature changes involved in processing to make it more easily absorbed by the body. Also, because lycopene is fat-soluble (as are vitamins, A, D, E, and beta-carotene), absorption into tissues is improved when oil is added to the diet. Although lycopene is available in supplement form, it is likely there is a synergistic effect when it is obtained from the whole fruit instead, where other components of the fruit enhance lycopenes effectiveness.